Ministério do Equipamento, do Planeamento e da Administração do Território (Ministry for the Equipment, Planning and Administration of the Territory)
Regulatory Decree
(This is not an official translation of the law)
Regulatory Decree no. 8/90, of 6th April, regulates the post-box service, defines the different types of post-boxes and establishes the norms to be complied with as regards the installation, use and conservation thereof.
Experience obtained during the period of application of the above referred to item of legislation and notably, the diversity of types of postal correspondence, containing newspapers, magazines and other publications, recommends that the characteristics of the post-boxes for the delivery of correspondence be re-defined.
The objective is, accordingly, to safeguard both the interest of the operating company in the adequate delivery of correspondence and to guarantee users of postal services the reception thereof in the best of conditions.
As postal communications are recognised as being an essential factor for the economic and social development of the population, suitable post-boxes for the delivery of correspondence should be available.
Accordingly:
Pursuant to the contents of article 2 of Decree-Law no. 176/88 of 18th May, and the terms of sub paragraph c) of article 199 of the Constitution, the Government hereby decrees the following:
Article 1
Articles 3, 9 and 10 of the Post-box Service Regulations, approved pursuant to the terms of Regulatory Decree nr. 8/90, of 6th April, now read as follows:
«Article 3
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6 - It should not be possible to mistake post-boxes for the delivery of correspondence with the post-boxes of the operating company used for collecting the correspondence, which should have different colours.
7 - Post-boxes shall comply with the following characteristics for the purpose of guaranteeing security, confidentiality, capacity and ease of use:
a. They should be made of resistant material, to prevent them from being easily opened by third parties or removed from the place in which they have been located;
b. They should have an access door, with appropriate dimensions, allowing their capacity to be used to the full and be equipped with an individual lock;
c. Outside post-boxes which are not protected from the rain should be fitted with a flap or a lid on top of the mail slot or another protective device which does not interfere with the insertion of correspondence;
d. Post-boxes for independently owned parts of buildings may be installed in superimposed rows but stacked in such a way as for the height of the mail slot to be at a distance of between 50 cms and 165 cms from the ground;
e. They should have minimum dimensions of a width of 260 mm a height of 170 mm and a depth of 350 mm or, as an alternative, a width of 350 mm, a height of 170 mm and a depth of 260 mm and a front mail slot;
f. They should have a horizontal mail slot for the insertion of correspondence with dimensions of 240 mm by 35 mm or 330 mm by 35 mm, and be fitted with an upwards sloping inclined plane with a maximum inclination of 5º and a width of 20 mm, making it difficult to remove the correspondence through the mail slot. The minimum distance between the lower rim of the mail slot and the lower edge of the post-box should be 120 mm;
g. Post-boxes for one family buildings, and as an alternative to the contents of sub paragraph e), should have interior dimensions of a width of 260 mm, a height of 400 mm and a depth of 120 mm. The mail slot for the insertion of correspondence should be located on its upper front with dimensions of a width of 240 mm by 35 mm and be fitted with the security devices set out on the drawings represented in the attachment to this item of legislation and of which it is a full part.
8 - In addition to the contents of sub paragraph g) of the preceding number, post-boxes for one family buildings should be fitted with a detachable lid for the protection of the opening which, when closed, should be slightly inclined with regard to the horizontal plane, permitting rain water to run off.
9 - (Wording of former nr. 8.).
10 - (Wording of former nr. 9.).
Article 9
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4 - The acquisition and installation of post-boxes for the delivery of correspondence in buildings subject to municipal licensing is the exclusive responsibility of the owner of the project. Municipalities may not issue licences for construction, reconstruction or expansion of buildings nor issue licences for the habitation or occupancy thereof if any of the dispositions set out in these Regulations have not been complied with.
Article 10
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1 - Failure to comply with the contents of these Regulations is punishable by the terms of sub paragraphs b) and j) of article 84, article 85 and article 86 of the Public Postal Service Regulations approved by Decree Law nr. 176/88, of 18th May.
2 - For the purposes of the contents of the proceeding number:
a. The indictment specifying the breaches of the conditions of this item of legislation shall be raised at the request of the distributors, those responsible for distribution or heads of local post offices, by agents of the authorities, pursuant to the terms of article 48 of Decree Law nor 433/82, of 17th October, altered pursuant to the terms of Decree Laws nrs. 356/89, of 17th October and 244/95, of 14th September;
b. Any member of the police or other public body who becomes aware of any breach of the conditions of these Regulations should inform ICP thereof in writing.
3 - ICP is responsible for processing the punishable offences and applying the respective fines.
4 - 40% of the product of such fines shall revert to the fine levying body and 60% to the State.»
Article 2
This legislation shall come into effect within a period of 180 days from its publication.
Presidency of the Council of Ministers, 16th July 1998. António Manuel de Oliveira Guterres - António Luciano Pacheco de Sousa Franco - João Cardona Gomes Cravinho.
Enacted on 18th August 1998.
Publication authorised.
President of the Republic, Jorge Sampaio.
Countersigned on 20th August 1998.
On behalf of Prime Minister, Jaime José Matos da Gama, Minister of Foreign Affairs.
